Managing Florida Estates Nationwide Through Ancillary Probate

Over the past few decades, the number of retirees and part-time residents in Florida has skyrocketed. As a result, more and more families are managing estates that cross state lines. Many Florida retirees also maintain property in other states. When this occurs, their loved ones will often need to undergo multiple probate proceedings.

Ancillary probate is a complex process that requires an experienced estate planning and probate lawyer. Attorney Nicole C. Morris has more than 19 years of experience helping Floridians and their loved ones manage difficult probate cases. With her assistance, you can manage the complexities of multi-state probate proceedings. Tell us about your situation.

How The Law Office of Nicole C. Morris, P.A. Resolves Complex Probate Issues

After years of managing estates, our firm can disentangle the complex and sometimes contradictory requirements of cross-state probate management by identifying vital information such as:

• Is there a will in place and, if so, is the will valid and does that will account for ancillary probate?
• Who is the executor of the estate and are they also responsible for estate management in the other relevant jurisdiction
• What logistical management issues, like death certifications and obituary requirements, apply to the estate in each jurisdiction
• Which debts and liabilities are relevant to the estate and what property is subject to debtors?

State-to-state laws surrounding probate vary. While the underlying principles may be the same, the logistical elements and some legal issues may differ. Our legal team can assist you during estate administration and probate conflicts.

Frequently Asked Questions About Ancillary Probate

Families dealing with multistate estates often have important questions about how ancillary probate works and what their responsibilities include. Here are answers to some of the most common concerns we address.

How does ancillary probate differ from regular probate?

Regular probate occurs in the state where the deceased person resided at the time of death and handles the majority of their estate assets. Ancillary probate is a secondary proceeding that takes place in any other state where the deceased owned real property or other assets that require court supervision for transfer.

The key difference lies in scope and authority. Regular probate addresses all estate matters and appoints the primary personal representative, while ancillary probate focuses only on assets located within that specific state’s jurisdiction. Ancillary probate typically follows the laws of the state where the property is located, which may differ significantly from the deceased person’s home state laws.

Can ancillary probate be avoided, and if so, how?

Yes, ancillary probate can often be avoided through proper estate planning strategies implemented before death. The most effective methods include establishing revocable living trusts that hold out-of-state property, which allows assets to transfer directly to beneficiaries without court involvement.

Other avoidance strategies include holding property in joint tenancy with rights of survivorship, designating transfer-on-death beneficiaries where permitted by state law or creating limited liability companies to hold real estate across multiple states.

What is the role of the executor (personal representative) in ancillary probate?

The executor appointed in the primary probate proceeding typically seeks appointment as ancillary personal representative in the secondary state, though some states may require local representation or co-representation with an in-state attorney.

The ancillary personal representative’s duties include identifying and securing local assets, paying state-specific debts and taxes and distributing property according to the will or state law. They must comply with both states’ notification requirements and coordinate with the primary estate administration to prevent duplication of efforts.

How long does ancillary probate typically take in Florida?

Ancillary probate in Florida generally takes six to 12 months, depending on the complexity of assets involved and whether any disputes arise. Simple cases involving only real estate with a clear title may resolve more quickly, while complex estates with multiple properties or creditor issues may take longer.

The timeline often depends on coordination with the primary probate proceeding and compliance with Florida’s specific notice requirements and waiting periods for creditor claims.

An Attorney You Can Trust And A Plan You Can Follow

Our firm in Palm Beach Gardens focuses solely on estate planning and probate issues. For advice during estate administration, you can speak with our attorney today at 561-702-6012.